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Van Bael & Bellis successfully assists CCCME before the ECJ in a dispute concerning a minimum import price undertaking for the import of photovoltaic panels from China

09/11/2017

News

In two judgments issued today, the Court of Justice rejected the appeals brought by the EU producers of solar equipment, SolarWorld AG, Brandoni solare SpA and Solaria Energia y Medio Ambiente SA, against the orders of the General Court dismissing as inadmissible the actions brought by the EU producers for the annulment of the minimum import price undertaking.

On 1 June 2017, the Advocate General issued his opinions on the cases C-204/16 P and C-205/16 P suggesting that the Court should set aside the dismissal orders and refer the cases back to the General Court for a new ruling on the matter.

In today’s judgments, the Court of Justice, going against the Advocate General’s opinion, ruled that the provisions regarding the undertaking are not severable from the remaining parts of the definitive anti-dumping and anti-subsidy regulations. The Court therefore concluded that the General Court did not err in law in holding that the minimum import price undertaking was not severable from the remaining provisions of the definitive regulations.

The China Chamber of Commerce for Import and Export of Machinery and Electronic Products (CCCME) was represented in this matter by Van Bael & Bellis partners Jean-François Bellis and Fabrizio Di Gianni and associate Aldo Scalini.

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